CITY OF NORTH LAUDERDALE

CITY ADMINISTRATION

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

BY:                              Ambreen Bhatty, Assistant City Manager

 

DATE:                        April 10, 2007

 

SUBJECT:                 Resolution -    Opposing Senate Bill 742

Resolution -    Opposing Senate Bill 734

Resolution -    Opposing House Bill 541 & Senate Bill 1760

Resolution -    Supporting House Bill 825 & Senate Bill 1618

 

Currently, there are numerous bills pending before the Florida Legislature in Tallahassee.  Some of these bills, if passed, will either further the interests or restrict the powers of local governments including the City of North Lauderdale.

 

Listed below are some of the proposed bills that we recommend to either support or oppose.

 

  • Oppose Senate Bill 742 – Restricts the powers of local governments by prohibiting the counties and cities from using tax revenues to sue other local governments.

 

  • Oppose Senate Bill 734 – Will prohibit local governments from using public funds to directly or indirectly support or oppose an issue subject to referendum. Although it provides for an exception for communication, which factually or objectively describes the purpose of the issue, as long as this communication does not advocate the passage or defeat of the issue.

 

  • Oppose House Bill 541 & Senate Bill 1760 – Places undue burden on local governments regarding public records which may impede the effective and efficient processing of daily work which may be to the detriment of the greater constituency of the local government. This bill seems pointless as FS 119.07 already provides provisions for public access to public records and that such records be accessible in a timely manner.

 

  • Support House Bill 825 & Senate Bill 1618 – Will allow local governments to hold private attorney-client sessions for threatened litigation. This may enable the local governments to avoid litigation if they can obtain legal advice regarding threatened litigation prior to the filing of a law suit.

 

RECOMMENDATION:

 

The City Administration recommends Commissions consideration and approval of the attached Resolutions opposing SB 742, SB 734, HB 541& SB 1760 and supporting H 825& SB 1618 and directing the City Clerk’s office to forward this resolutions to the Florida Governor Crist, the leadership of House and Senate, the Broward County Legislative Delegation, the Florida League of Cities, the Broward County League of Cities and other elected officials or entities deemed appropriate.

RESOLUTION NO.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA OPPOSING SENATE BILL 742 THAT WOULD PROHIBIT COUNTIES AND MUNCIPALITIES FROM USING TAX REVENUES TO SUE OTHER LOCAL GOVERNMENTS; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THIS BILL; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF  THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY; AND PROVIDING AN EFFECTIVE DATE.

 

 

            WHEREAS,     State Senator Justice filed Senate Bill 742, which restricts the powers of the local government; and

 

            WHEREAS,     Senate Bill 742 prohibits counties and municipalities from using tax revenues to sue other local governments, and

 

            WHEREAS,     there are occasions where it is in the best interest of a municipality to sue other local governments to protect and defend their residents; and

 

            WHEREAS, if Senate Bill 742 were enacted, municipalities would be powerless to protect and prosecute their interests on behalf of their residents; and

 

            WHEREAS, the City Commission of the City of North Lauderdale hereby opposes Senate Bill 742 because such proposed legislation is not in the interests of the City and its residents, and urges members of the Florida Legislature and Governor to oppose such proposed legislation.

 

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of North Lauderdale, Florida:

 

            Section 1:         The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and  correct and are hereby made a specific part of this Resolution upon adoption hereof.

 

            Section 2:         The City Commission of the City of North Lauderdale opposes Senate Bill 742.

 

            Section 3:         The City urges the Florida Legislature and Governor Crist to oppose Senate Bill 742 and support existing powers of the local government.

 

            Section 4:         The City Clerk is hereby directed to distribute immediately this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward Legislative Delegation, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County.

 

            Section 5:         This Resolution shall take effect upon its adoption.

 

 

PASSED AND ADOPTED by the City Commission of the City of North Lauderdale, Florida this 10th day of April, 2007.

 

 

 

APPROVED AS TO LEGAL FORM:

 

 

                                                                       

CITY ATTORNEY SAMUEL S. GOREN

                                                                                                                                                           

                                                                                    MAYOR JACK BRADY

 

 

                                                                                                                                                           

                                                                                    VICE MAYOR RICH MOYLE

ATTEST:

 

 

                                                                       

CITY CLERK C. MILLI DYER

 

RESOLUTION NO.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA OPPOSING SENATE BILL 734 THAT WOULD PROHIBIT LOCAL GOVERNMENTS FROM USING PUBLIC FUNDS TO DIRECTLY OR INDIRECTLY SUPPORT OR OPPOSE AN ISSUE SUBJECT TO REFERENDUM; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THIS BILL; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF  THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY.

 

 

            WHEREAS,     State Senator Justice filed Senate Bill 734, which restricts the powers of the local government; and

 

            WHEREAS,     Senate Bill 734 prohibits a local government from using public funds to directly or indirectly support or oppose an issue subject to referendum; and

 

            WHEREAS, the City Commission of the City of North Lauderdale hereby opposes Senate Bill 734 because such proposed legislation is not in the interests of the City and its residents, and urges members of the Florida Legislature and Governor to oppose such proposed legislation.

 

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of North Lauderdale, Florida:

 

            Section 1:         The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and  correct and are hereby made a specific part of this Resolution upon adoption hereof.

 

            Section 2:         The City Commission of the City of North Lauderdale opposes Senate Bill 734.

 

            Section 3:         The City urges the Florida Legislature and Governor Crist to oppose Senate Bill 734 and support existing powers of the local  government.


 

            Section 4:         The City Clerk is hereby directed to distribute immediately this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward Legislative Delegation, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County.

 

            Section 5:         This Resolution shall take effect upon its adoption.

 

 

PASSED AND ADOPTED by the City Commission of the City of North Lauderdale, Florida this 10th day of April, 2007.

 

APPROVED AS TO LEGAL FORM:

 

 

                                                                       

CITY ATTORNEY SAMUEL S. GOREN

                                                                                                                                                           

                                                                                    MAYOR JACK BRADY

 

 

                                                                                                                                                           

                                                                                    VICE MAYOR RICH MOYLE

 

ATTEST:

 

 

                                                                       

CITY CLERK C. MILLI DYER

RESOLUTION NO.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA OPPOSING HOUSE BILL 541 AND SENATE BILL 1760 THAT WOULD PLACE UNDUE BURDEN ON LOCAL GOVERNMENTS REGARDING PUBLIC RECORDS; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THESE BILLS; DIRECTING THE CITY CLERIC TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKEROF THE FLORIDA HOUSE  OF REPRESENTATIVES, THE BROWARDLEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY: AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, House Bill 541 was filed in the Florida House of Representatives and a companion bill, Senate Bill 1760, was filed in the Florida Senate; and

 

            WHEREAS, House Bill 541 and Senate Bill 1760 requires an agency head who appoints a designee to act as said custodian to provide notice to public of such designation; and

 

            WHEREAS, House Bill 541 and Senate Bill 1760 provides notice requirements; prohibits a person who is not said custodian or designee from denying existence of record or misleading anyone as to the existence of record; and

 

            WHEREAS, House Bill 541 and Senate Bill 1760 requires custodians and their designees to respond to requests to inspect and copy public records promptly and in good faith; and

 

            WHEREAS, FS 119.07 already provides for public access to public records and requires that such records be accessible in a timely manner; and

 

            WHEREAS, House Bill 541 and Senate Bill 1760 provide an undue burden upon local governments and impedes the effective and efficient processing of daily work which may be to the detriment of the greater constituency of the local government; and

 

            WHEREAS, the City Commission of the City of North Lauderdale hereby opposes House Bill 541 and Senate Bill 1760 because such proposed legislation is not in the interests of the City, and urges members of the Florida Legislature and Governor to oppose such proposed legislation.

 

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of North Lauderdale, Florida:

 

Section 1:  The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof.

 

Section 2:  The City Commission of the City of North Lauderdale opposes House Bill 541 and Senate Bill 1760

 

Section 3:  The City urges the Florida Legislature and Governor Crist to oppose House Bill 541 and House Bill 1760 and support existing public records law.

 

Section 4:  The City Clerk is hereby directed to distribute immediately this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward Legislative Delegation, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County.

 

Section 5:  This Resolution shall take effect upon its adoption.

 

ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 10th day of April, 2007.

 

APPROVED AS TO LEGAL FORM:

 

                                                                       

CITY ATTORNEY SAMUEL S. GOREN                                                                             

                                                                                    MAYOR JACK BRADY

 

 

                                                                                                                                               

ATTEST:                                                                     VICE MAYOR RICH MOYLE

 

                                                                       

CITY CLERK C.MILLI DYER                                  

 

RESOLUTION NO.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA SUPPORTING HOUSE BILL 825 AND SENATE BILL 1618 THAT WOULD ALLOW PRIVATE ATTORNEY CLIENT SESSIONS FOR THREATENED LIGITATION; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO SUPPORT THESE BILLS; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES,THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY.

 

            WHEREAS, House Bill 825 was filed in the Florida House of Representatives and its companion bill, Senate Bill 1618,was filed in the Florida Senate, which would allow local governments to hold private attorney-client sessions for threatened litigation; and

 

            WHEREAS, the City Commission of the City of North Lauderdale hereby supports House Bill 825 and Senate Bill 1618 because local governments may be able to avoid litigation if they can obtain legal advice regarding threatened litigation prior to the filing of a lawsuit; and

 

            WHEREAS, the proposed legislation is in the interests of the City and its residents, and the City Commission urges members of the Florida Legislature and Governor to support such proposed legislation.

 

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of North Lauderdale, Florida:

 

Section 1:  The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof.

 

Section 2:  The City Commission of the City of North Lauderdale supports House Bill 825 and Senate Bill 1618.

 

Section 3:  The City urges the Florida Legislature and Governor Crist to support House Bill 825 and Senate Bill 1618.

 

Section 4:  The City Clerk is hereby directed to distribute immediately this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward Legislative Delegation, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County.

 

Section 5:  This Resolution shall take effect upon its adoption.

 

ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 10th day of April, 2007.

 

 

 

APPROVED AS TO LEGAL FORM:

 

 

                                                                       

CITY ATTORNEY SAMUEL S. GOREN

 

                                                                                                                                               

                                                                        MAYOR JACK BRADY

 

 

                                                                                                                                               

                                                                        VICE MAYOR RICH MOYLE

ATTEST:

 

 

                                                                       

CITY CLERK C. MILLI DYER